The filing of a complaint, getting redress or remedy immediately or alternatively police filing an FIR to proceed with criminal investigation and further trial when the charged are the normal processes when a criminal offense is committed.
It is also the fundamental right of any citizen who is criminally wronged by another to have his complaint heard and redressed without delay.
However, this matter has been made so complicated and lengthy that it will take ages before honest litigants will see justice
The procedure as understood by us
- When complaint is filed only CSR would be given
- Then police will investigate within six weeks
- Police can close the case after six weeks
- If police close the case, NO FIR will be filed
- If party / complainant is aggrieved by this he can approach the Judicial Magistrate
- The Magistrate may issue orders to police under Sec 156(3) instructing police to register FIR and conduct inquiry
- If police do not act according to court instructions contempt of court case can be filed on them !!
- if litigants are not satisfied with the order of the magistrate they can approach the HC !!
Now just imagine how long this would take and how a comman man can go thru all this to get justice
But let me hasten to add, MONEY MILKING #fakeCase FIRs, by women, on hapless husbands and elderly mother in laws would be #fastTracked and handled very well by the well oiled system !!
==== news from “The Hindu” online news paper =====
‘Litigants can no longer approach High Court directly if police fail to act on their complaints. Madras HC
In a significant judgment, the Madras High Court has ruled that litigants can no longer approach the High Court directly if police refuse to act upon their complaints, before exploiting the other available remedies, including moving the jurisdictional judicial magistrate.
Justice P.N. Prakash passed directions to this effect on Tuesday while dismissing a batch of criminal original petitions seeking direction to the police to register FIR on their complaints.
However, the judge made it clear that the doors of the High Court will not be completely shut. “This court will entertain applications seeking to register an FIR when the police fail to follow the timetable (within six weeks) to take action on a complaint set by the Supreme Court,” the judge said.
The issue whether litigants can directly approach the High Court under Section 482 (Inherent powers of the high court) of the Cr.P.C. seeking relief either to file an FIR or to quash one without exhausting the alternative remedies available before a judicial magistrate was raised by an advocate while the court was hearing one such petition.
According to the advocate, such petitions are not maintainable. In view of the objection, Justice Prakash directed the Registry to notify the proposition enabling the members of the Bar to address the issue on September 12. On the appointed day, a large number of senior advocates and lawyers appeared before the court and submitted their views. Recording their contentions, the judge reserved his decision.
On Tuesday, while pronouncing his decision, the judge ruled that petitions seeking to register an FIR circumventing the timetable fixed by the apex court in Lalita Kumari case was not maintainable.
Now, in view of the decision, a person aggrieved by the inaction of police on their complaints has to first approach the jurisdictional magistrate with a copy of the complaint and an affidavit setting down the dates on which the complaint was made to the Station House Officer.
On such application, the magistrate shall pass orders thereon within 15 days, either issuing directions or dismissing the petition.
SOURCE : The Hindu online